Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 400 - Representative of Applicant or Owner (2)
A juristic entity, in the context of patent applications, typically refers to an organizational assignee such as a company or corporation. According to MPEP 401, juristic entities have special requirements:
“An applicant who is a juristic entity must be represented by a patent practitioner.”
This means that companies or other organizational entities cannot represent themselves in patent applications and must hire a registered patent attorney or agent to act on their behalf.
Yes, registered patent practitioners can file papers in patent applications and reexamination proceedings without being of record. MPEP 405 states:
Papers may be filed in patent applications and reexamination proceedings by registered attorneys or agents not of record under 37 CFR 1.34. Filing of such papers is considered to be a representation that the attorney or agent is authorized to act in a representative capacity on behalf of applicant.
This means that by filing papers, the practitioner is implicitly stating they have authorization to act on behalf of the applicant, even if they are not officially recorded as the attorney or agent of record.
MPEP 401 - U.S. Patent and Trademark Office Cannot Aid in Selection of Patent Practitioner (1)
A juristic entity, in the context of patent applications, typically refers to an organizational assignee such as a company or corporation. According to MPEP 401, juristic entities have special requirements:
“An applicant who is a juristic entity must be represented by a patent practitioner.”
This means that companies or other organizational entities cannot represent themselves in patent applications and must hire a registered patent attorney or agent to act on their behalf.
MPEP 405 - Interviews With Patent Practitioner Not of Record (1)
Yes, registered patent practitioners can file papers in patent applications and reexamination proceedings without being of record. MPEP 405 states:
Papers may be filed in patent applications and reexamination proceedings by registered attorneys or agents not of record under 37 CFR 1.34. Filing of such papers is considered to be a representation that the attorney or agent is authorized to act in a representative capacity on behalf of applicant.
This means that by filing papers, the practitioner is implicitly stating they have authorization to act on behalf of the applicant, even if they are not officially recorded as the attorney or agent of record.
Patent Law (2)
A juristic entity, in the context of patent applications, typically refers to an organizational assignee such as a company or corporation. According to MPEP 401, juristic entities have special requirements:
“An applicant who is a juristic entity must be represented by a patent practitioner.”
This means that companies or other organizational entities cannot represent themselves in patent applications and must hire a registered patent attorney or agent to act on their behalf.
Yes, registered patent practitioners can file papers in patent applications and reexamination proceedings without being of record. MPEP 405 states:
Papers may be filed in patent applications and reexamination proceedings by registered attorneys or agents not of record under 37 CFR 1.34. Filing of such papers is considered to be a representation that the attorney or agent is authorized to act in a representative capacity on behalf of applicant.
This means that by filing papers, the practitioner is implicitly stating they have authorization to act on behalf of the applicant, even if they are not officially recorded as the attorney or agent of record.
Patent Procedure (2)
A juristic entity, in the context of patent applications, typically refers to an organizational assignee such as a company or corporation. According to MPEP 401, juristic entities have special requirements:
“An applicant who is a juristic entity must be represented by a patent practitioner.”
This means that companies or other organizational entities cannot represent themselves in patent applications and must hire a registered patent attorney or agent to act on their behalf.
Yes, registered patent practitioners can file papers in patent applications and reexamination proceedings without being of record. MPEP 405 states:
Papers may be filed in patent applications and reexamination proceedings by registered attorneys or agents not of record under 37 CFR 1.34. Filing of such papers is considered to be a representation that the attorney or agent is authorized to act in a representative capacity on behalf of applicant.
This means that by filing papers, the practitioner is implicitly stating they have authorization to act on behalf of the applicant, even if they are not officially recorded as the attorney or agent of record.